Neutral Citation No. - 2025:AHC-LKO:37515 Court No. - 13 Case :- CRIMINAL APPEAL No. - 1560 of 2025 Appellant :- Dinesh Kumar Awasthi Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Appellant :- Uma Kant Gupta Counsel for Respondent :- G.A. Hon'ble Saurabh Lavania,J. 1. Counter affidavit filed by learned AGA in the Court today is taken on record. 2. Case called out. No one appeared on behalf of the respondent No. 2/complainant despite service of notice, as appears from Annexure No. CA-1 to the counter affidavit of State and also Office Report dated 04.06.2025. Learned AGA is present in the Court. In these circumstances, the Court proceeded to hear the appeal on merits. 3. The present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes Act, 1989 against the impugned order dated 07.05.2025 passed by Special Judge (SC/ST Act), Raibareli in Bail Application No. 1053 of 2025, arising out of FIR/Case Crime No. 67 of 2019, under Sections- 332, 353, 504, 506, 427 IPC and Section- 3(1)Dha of SC/ST Act, Police Station- Jagatpur, District- Raibareli. 4. While pressing the present appeal, learned counsel for the appellant submitted that a perusal of impugned FIR as well as the charge sheet would indicate that no offence is made out against the appellant so far as it relates to SC/ST Act as in the FIR and charge sheet, there is no utterance, which is required so as to attract the offences under the SC/ST Act. In this regard, reliance has been placed on the judgment passed by the Hon'ble Apex Court in the case of Ramesh Chandra Vaishya Vs. State of U.P. & Another decided on 19.05.2023, 2023 SCC Online SC 668, as per which, the FIR or the charge sheet should indicate the caste related utterances, which is missing in the instant case. 5. It is further stated that there is no evidence available with the prosecution so to establish the allegations levelled in the FIR, which in nutshell, are to the effect that the appellant hurled abuses and assaulted the informant and thereafter, torn the list of beneficiaries related to Pradhan Mantri Kishan Samman Yojna. 6. It is further submitted that appellant is languishing in jail since 07.05.2025 and the criminal history of the appellant has been explained in paragraph 21 of the affidavit filed in support of the bail application. In these circumstances, the present appeal is liable to be allowed and the impugned order may be set aside and the appellant be enlarged on bail. 7. Learned A.G.A. for the State opposed the prayer for bail, however, he could not dispute the aforesaid contentions of counsel for the appellant. 8. Considered the submissions advanced by the counsel for the appellant, learned A.G.A. for the State and all the relevant documents placed on record. 9. Upon due consideration of the facts and circumstances of the case, submissions of counsel for the appellant and learned A.G.A., F.I.R., impugned order as also that the appellant is in jail since 07.05.2025 and chances of conviction of the appellant in the instant case, this Court finds that the present appeal is liable to be allowed. Accordingly, it is allowed. 10. Order dated 07.05.2025 passed by Special Judge (SC/ST Act), Raibareli in Bail Application No. 1053 of 2025, arising out of FIR/Case Crime No. 67 of 2019, under Sections- 332, 353, 504, 506, 427 IPC and Section- 3(1)Dha of SC/ST Act, Police Station- Jagatpur, District- Raibareli is hereby set aside. 11. Let the appellant- Dinesh Kumar Awasthi be released on bail in the aforesaid case crime number on his furnishing personal bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following additional conditions :- (i) The appellant shall cooperate with the prosecution during trial. (ii) The appellant shall not tamper with the evidence during trial. (iii) The appellant shall not pressurize/intimidate the prosecution witness(s). (iv) The appellant shall not commit an offence. (v) The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (vi) The appellant shall remain present before the trial court on each date fixed, either personally or through counsel. (vii) The appellant shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. (viii) The appellant shall remain present, in person, before the trial court on the dates fixed for recording of statement under Section 313 Cr.P.C. 12. In case of default of above conditions, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law 13. As this order relates to enlargement of the appellant on bail, it is clarified that observation(s) made in this order shall have no bearing on the merits of the case and the trial court shall not be influenced by any observation(s) made in this order. Order Date :- 3.7.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench